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Terms and Conditions

Terms and Conditions: Last revised 7th May 2012

bytestories.com means The Trustee for Byte Stories Discretionary Trust (ABN 42 553 445 792)

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with bytestories.com. By using or accessing bytestories.com, you agree to this Statement.

  1. Privacy

    Please view the privacy policy to understand how bytestories.com protects you as a creator and reader of stories uploaded onto the site.

  2. Sharing Your CONTENT and INFORMATION

    You own all of the intellectual property (IP) contained within the CONTENT you upload on the site. We value your feedback or other suggestions about BYTE STORIES, but you understand that we may use them without any obligation to compensate you. In addition, by using bytestories.com you grant bytestories.com:

    1. the right to store deleted stories and input which will only be accessible by bytestories.com.

    2. perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP that you POST on or in connection with BYTE STORIES ("IP License").

  3. Safety

    We do our best to keep bytestories.com safe, but we cannot guarantee it. We needyour help to do that, which includes the following commitments:

    1. Your stories will be based on real events that have occurred to you or others.

    2. bytestories.com reserves the right to remove any stories posted on the site which have been reported as violating any items within the Safety section of this agreement. Violations can be identified by other users and/or official employees of bytestories.com

    3. You will not send or otherwise POST unauthorised commercial communications (such as spam) on bytestories.com.

    4. You will not collect users' CONTENT or INFORMATION, or otherwise access bytestories.com, using automated means without our permission.

    5. You will not upload viruses or other malicious code.

    6. You will not solicit login INFORMATION or access an account belonging to someoneelse.

    7. You will not bully, intimidate, or harass any user.

    8. You will not POST CONTENT that: is hateful, threatening, or pornographic; incites violence; or depicts graphic or gratuitous violence.

    9. You will not use bytestories.com to do anything unlawful, misleading, malicious, or discriminatory.

    10. You will not do anything that could disable, overburden, or impair the proper working of bytestories.com, such as a denial of service attack.

    11. You will not facilitate or encourage any violations of this Statement.

  4. Registration and Account Security

    bytestories.com users provide their real names and INFORMATION, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    1. You will not provide any false personal INFORMATION on bytestories.com, or create an account for anyone other than yourself without permission.

    2. You will not create more than one personal profile.

    3. If we disable your account, you will not create another one without our permission.

    4. You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.

  5. Protecting Other People's Rights

    We respect other people's rights, and expect you to do the same.

    1. You will not POST CONTENT or take any action on bytestories.com that infringes or violates someone else's rights or otherwise violates the law.

    2. We can remove any CONTENT or INFORMATION you POST on bytestories.com if we believe that it violates this Statement.

    3. We will provide you with tools to help you protect your intellectual property rights.

    4. If we remove your CONTENT for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

    5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

    6. You will not use our copyrights or trademark, or any confusingly similar marks, without our written permission.

    7. You will not POST anyone's identification documents or sensitive financial INFORMATION on bytestories.com.

  6. About Advertisements and Other Commercial CONTENT Served or Enhanced by bytestories.com

    We do not give INFORMATION about you to advertisers without your consent.

  7. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of bytestories.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

  8. Disputes

    You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or bytestories.com exclusively in a state or federal court located in the Australian state of Victoria. The laws of the state of Victoria will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Melbourne, Victoria for the purpose of litigating all such claims.

    If anyone brings a claim against us related to your actions, CONTENT or INFORMATION on bytestories.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

    WE TRY TO KEEP bytestories.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING bytestories.com "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT bytestories.com WILL BE SAFE OR SECURE. bytestories.com IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR bytestories.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR bytestories.com WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, bytestories.com'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  9. Special Provisions Applicable to Users Outside Australia

    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Australia:

    • You consent to having your personal data transferred to and processed in Australia.

  10. Definitions
    1. By bytestories.com we mean the features and services we make available, including through:

      1. our website at www.bytestories.com and;

      2. b) any other bytestories.com branded or co-branded websites (including sub-domains, international versions and mobile versions).

      1. By "INFORMATION" we mean facts and other information about you, including actions you take.

      2. By "CONTENT" we mean anything you POST on bytestories.com that would not be included in the definition of "INFORMATION."

      3. By "POST" we mean post on bytestories.com or otherwise make available to us.

      4. By USE we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

      5. By ACTIVE REGISTERED USER we mean a user who has logged into bytestories.com at least once in the previous 30 days.

  11. Other
    1. If you are a resident of or have your principal place of business in Australia, this Statement is an agreement between you and bytestories.com.

    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

    3. If we fail to enforce any of this Statement, it will not be considered a waiver.

    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.

    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    7. Nothing in this Statement shall prevent us from complying with the law.

    8. This Statement does not confer any third party beneficiary rights.

    9. You will comply with all applicable laws when using or accessing bytestories.com.


You may also want to review our privacy policy. The Privacy Policy is designed to help you understand how we collect and use INFORMATION.